Orange County quietly drops lawsuit over Kiryas Joel pipeline

Wednesday

Mar 31, 2010 at 2:00 AM

Orange County has dropped its lawsuit against Kiryas Joel's proposed water pipeline, removing the only legal obstacle to plans to tap the Catskill Aqueduct as a new water supply for the growing community.

BY CHRIS MCKENNA

Orange County has dropped its lawsuit against Kiryas Joel's proposed water pipeline, removing the only legal obstacle to plans to tap the Catskill Aqueduct as a new water supply for the growing community.

Court records show the county surrendered its objections with a three-page statement signed by attorneys for both sides and state Supreme Court Justice Francis Nicolai in February.

The end of two pipeline lawsuits spanning almost six years might have passed unnoticed but for that slim court filing.

County Executive Ed Diana announced the second lawsuit with a news release last year but made no statement in withdrawing it this year.

He was on vacation Tuesday and couldn't be reached for comment.

The settlement itself comes as no surprise. Court papers show that representatives of the county and village have met privately since last summer to resolve both the pipeline lawsuit and a second case with overlapping issues about sewage treatment.

The central concern county officials raised in 2004 and 2009, when they challenged Kiryas Joel's environmental review for the pipeline, was that it didn't explain how the county would treat the village's increased sewage if it tapped New York City's water supply.

But after negotiating with Kiryas Joel, the county effectively answered its own question by declaring it could meet rising sewer demand for several years and will simply expand service once the system reaches 85 percent of its capacity.

County lawmakers approved that resolution Feb. 4.

Kiryas Joel officials, on vacation until April 7 because of Passover, couldn't be reached for comment. They conceived the 13-mile pipeline a decade ago as a long-term replacement for the village's patchwork of wells. The estimated cost is about $30 million.

County Legislator Roxanne Donnery and former county Legislator Frank Fornario — who fought for both pipeline lawsuits — voiced frustration with Diana on Tuesday for dropping the case, arguing that sewage treatment remains an unresolved issue.

"He's been fighting this with both hands tied behind his back," said Fornario, who is now Blooming Grove town supervisor.